James L. Ball - Page 8

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                  SEC. 7430.  AWARDING OF COSTS AND CERTAIN FEES.                                       
                        (a)  In General.--In any administrative or court                                
                  proceeding which is brought by or against the United                                  
                  States in connection with the determination,                                          
                  collection, or refund of any tax, interest, or penalty                                
                  under this title, the prevailing party may be awarded a                               
                  judgment or a settlement for--                                                        
                              (1)  reasonable administrative costs incurred                             
                        in connection with such administrative proceeding                               
                        within the Internal Revenue Service, and                                        
                              (2)  reasonable litigation costs incurred in                              
                        connection with such court proceeding.                                          
            *   *   *   *   *   *   *                                                                   
                        (c)  Definitions.--For purposes of this section--                               
            *   *   *   *   *   *   *                                                                   
                              (2)  Reasonable administrative costs.--                                   
            *   *   *   *   *   *   *                                                                   
                        Such term [reasonable administrative costs] shall                               
                        only include costs incurred on or after the                                     
                        earlier of (i) the date of the receipt by the                                   
                        taxpayer of the notice of the decision of the                                   
                        Internal Revenue Service Office of Appeals or (ii)                              
                        the date of the notice of deficiency.                                           
                  Respondent contends that the quoted flush language from                               
            section 7430(c)(2) bars an award of administrative costs here                               
            because neither of the two specified events has occurred.                                   
            Petitioner agrees that neither event has occurred.  However,                                
            petitioner argues that it is unfair to apply that language                                  
            literally because respondent failed to issue a notice of                                    
            deficiency.  Petitioner argues that it is unfair to allow                                   
            respondent to benefit from respondent's erroneous failure to                                
            issue a notice of deficiency, and that we should treat the                                  




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